Speakers Explore First Amendment Issues at Upcoming Conference Andrea Haynes, Andy Wilson, and Alex Davis

Total Page:16

File Type:pdf, Size:1020Kb

Speakers Explore First Amendment Issues at Upcoming Conference Andrea Haynes, Andy Wilson, and Alex Davis Speakers Explore First Amendment Issues at Upcoming Conference Andrea Haynes, Andy Wilson, and Alex Davis Over the course of history, the First Amendment right of freedom of speech has played, and continues to play, a pivotal role in shaping higher education. Most recently, Colorado State University experienced the impact of freedom of speech on its campus. Editor in chief of the college newspaper, J. David McSwane, published a vulgar and offensive editorial. While the editorial violated the paper’s code of ethics, McSwane was protected by his constitutional First Amendment rights and currently continues his role as editor in chief. Needless to say, freedom of speech impacts campuses of higher education. Freedom of speech directly affects public institutions because of their constitutional relationship with students, but all institutions, regardless of size and student population, must address this First Amendment issue. Freedom of speech, while protected as an individual right, is intricately connected with the concepts of civility and community, and all institutions, including private institutions, continually address these two concepts. Civility and community, combined with freedom of speech, pose questions for student affairs practitioners: How do we balance civility with freedom of speech when we have competing ideologies and interests in the higher education community? What is our responsibility as student affairs practitioners to address the needs of students, faculty, and staff at our institutions within the institutional mission that we serve? While we may have the “right” to say whatever we like, at higher education institutions, we have the responsibility to engage in civil speech that builds community rather than tears it apart. The upcoming SACSA Annual Conference gives student affairs practitioners the opportunity to further explore the intersection of freedom of speech with civility and community. The Major Speakers’ Committee has invited two key speakers to lead us in exploring this new frontier: Greg Lukianoff and Gary Pavela. To begin, Greg Lukianoff will explore the relationship between civility, community, and freedom of speech on America’s campuses. Lukianoff currently serves as the president of the Foundation for Individual Rights in Education (FIRE), an organization that focuses on upholding individual rights at American colleges and universities. Before becoming president of FIRE, Lukianoff used his degrees from American University and Stanford Law School to practice law in California. He later became FIRE’s first director of legal and public advocacy. A prolific author, Lukianoff has published articles in The Chronicle of Higher Education , Fraternal Law, Inside Higher Ed , and The Boston Globe . He also co-authored FIRE’s Guide to Free Speech on Campus and presently writes a blog for the Huffington Post. Along with his writings, Lukianoff contributes to the dialogue about freedom of speech in the academy by frequently serving as a commentator on local and national syndicated radio programs and national television shows. Furthermore, Lukianoff has testified before the U.S. Senate about free speech issues on America’s campuses. The second speaker, Gary Pavela, gives student affairs practitioners the opportunity to examine the role ethics plays in freedom of speech. Identified by the New York Times as an "authority on academic ethics," Pavela has been a consultant on law and policy issues at many leading universities, including Stanford University, the University of Michigan, The University of North Carolina at Chapel Hill, Rutgers University, and Georgetown University, among many others. Pavela currently teaches in the honors program at the University of Maryland and writes law and policy newsletters to over 1,000 colleges and universities in the United States and Canada. He also serves on the Board of the Kenan Institute for Ethics at Duke University. Some of Pavela’s awards include “Outstanding Faculty Educator” by the Maryland Parents’ Association, the National Association of Student Personnel Administrators' "Outstanding Contribution to Literature and Research" award, and the honor of becoming a “Fellow” of the National Association of College and University Attorneys. Fellows of the Association are identified as individuals who have "brought distinction to higher education and to the practice of law on behalf of colleges and universities across the nation." The Major Speakers’ Committee hopes you will explore civility by examining First Amendment issues during the upcoming SACSA Conference. By exploring issues of civility as they intersect with First Amendment issues, these dynamic speakers will stimulate your intellect and provoke reflection about the freedom of speech in higher education. Hopefully, conference participants will turn a receptive ear to them and their expertise on this important topic in higher education. .
Recommended publications
  • Free Expression and Intellectual Diversity How Florida Universities Currently Measure Up
    POLICY BRIEF Free Expression and Intellectual Diversity How Florida Universities Currently Measure Up William Mattox Director of the J. Stanley Marshall Center for Educational Options iddlebury College. University of California, Berkeley. Evergreen State. MClaremont McKenna. Yale. The list of academic institutions rocked in recent months by (sometimes violent) speech-squelching protests is not pretty. And combined with growing concerns about high student debt and sagging job prospects for many new graduates, these efforts to thwart campus discourse are causing many people – for the first time ever – to question whether higher education is truly worth the investment it requires. www.jamesmadison.org | 1 For example, a 2017 survey by the Pew Research Center found campus craziness presents an opportunity for our state. For if the that 58 percent of Republicans and Republican-leaning indepen- Florida higher education system were to become a haven for free dents now believe colleges and universities are having a negative expression and viewpoint diversity – and to become known as effect on the direction of our country. This represents a whop- such – our universities would be very well positioned to meet the ping 21 percent shift since 2015 (when 37 percent of center-right growing demand for intellectually-serious academic study at an Americans viewed the performance of higher education institu- affordable cost. tions negatively).1 In fact, a major 2013 report said as much. Growing skepticism about the current direction of American In 2013, the American Council of Trustees and Alumni (ACTA) higher education isn’t just found among those on the center-right. produced a comprehensive report on the state of higher education For example, a center-left New York University professor named in Florida (with assistance from The James Madison Institute).
    [Show full text]
  • Building a Culture of Free Expression on the American College Campus
    Building a Culture of Free Expression on the American College Campus CHALLENGES & SOLUTIONS by JOYCE LEE MALCOLM Perspectives on Higher Education American Council of Trustees and Alumni | Institute for Effective Governance™ The American Council of Trustees and Alumni (ACTA) is an independent, nonprofit organization committed to academic freedom, excellence, and accountability at America’s colleges and universities. Founded in 1995, ACTA is the only national organization dedicated to working with alumni, donors, trustees, and education leaders across the United States to support liberal arts education, uphold high academic standards, safeguard the free exchange of ideas on campus, and ensure that the next generation receives an intellectually rich, high-quality education at an affordable price. Our network consists of alumni and trustees from nearly 1,300 colleges and universities, including over 23,000 current board members. Our quarterly newsletter, Inside Academe, reaches more than 13,000 readers. ACTA’s Institute for Effective Governance™ (IEG), founded in 2003 by college and university trustees for trustees, is devoted to enhancing boards’ effectiveness and helping trustees fulfill their fiduciary responsibilities fully and effectively. IEG offers a range of services tailored to the specific needs of individual boards and focuses on academic quality, academic freedom, and accountability. Through its Perspectives on Higher Education essays, the Institute for Effective Governance™ seeks to stimulate discussion of key issues affecting America’s colleges and universities. Building a Culture of Free Expression on the American College Campus n n n CHALLENGES & SOLUTIONS by Joyce Lee Malcolm American Council of Trustees and Alumni Institute for Effective Governance™ April 2018 Building a CULTURE OF FREE EXPRESSION on the American College Campus About the Author Joyce Lee Malcolm is the Patrick Henry Professor of Constitutional Law and the Second Amendment at the Antonin Scalia Law School of George Mason University.
    [Show full text]
  • FIRE Calls on Virginia Tech to Abandon New Political Litmus Test
    Spring 2009 Newsletter of the Foundation for Individual Rights in Education Number 2 / Volume 7 In This Issue: FIRE Calls on Virginia Tech to Abandon 2 From the Board of Directors New Political Litmus Test for Faculty; 3 Michigan State Drops ‘Spamming’ Complaint Board of Visitors Agrees to Review Requirements Against Student Critic of Administration FIRE has called on Charles W. Steger, President of 4 Victory for Individual Virginia Polytechnic Institute and State University, Rights at Pomona College to abandon proposed new guidelines for faculty assessment that would seriously violate 5 FIRE Cautions University faculty members’ academic freedom and their of North Carolina System constitutional right to freedom of conscience. Against Implementing Hate Speech Policy The proposal would force faculty members in Virginia 6 From the Campus Tech’s College of Liberal Arts and Human Sciences Charles W. Steger, President of Virginia Tech Freedom Network to adhere to an ideological loyalty oath to an entirely 8 FIRE Pens Open Letter abstract concept—“diversity”—that can represent In short, universities must not tell their professors what to President Obama vastly different things to different people. Faculty they must believe, or even what they should believe, lest are to be evaluated with “special attention” to the the whole process of intellectual inquiry and innovation 8 FIRE’s Adam Kissel candidate’s “involvement in diversity initiatives.” end before it even starts. By requiring candidates Wins Education Writers This includes “demonstrating accomplishments and for promotion and tenure to demonstrate an active Association Award significant contributions pertinent to the candidate’s involvement in “diversity initiatives,” Virginia Tech 9 Wright State University field” in areas such as “Publications,” “Courses impermissibly forces faculty members to confess both by Bans Christian Group taught,” “Competitive grants,” and other areas of word and by act their faith in the opinion that “diversity” from Campus professional contribution.
    [Show full text]
  • The Expansion of Trigger Warnings and Its Detriment to Higher Education Cody Roane
    The Expansion of Trigger Warnings and its Detriment to Higher Education Cody Roane Introduction Trigger warnings became prevalent in the academic scope around 2010 when they left the confines of the blogosphere and made their way towards college campuses and universities nationwide and around the globe. More and more professors were feeling the urge to place trigger warnings atop class syllabi and assignments that might be deemed insensitive to students who have suffered traumas in their personal lives. The prevalence of trigger warnings has raised the issue of class autonomy and the operations of universities as a whole. There needs to be research into the bigger picture that trigger warnings cover and how a trickle down affect has been created. This larger scope encompasses the idea of “safe spaces,” the ideology of microaggressions and the idea that trigger warnings are a form of and lead to censorship across academia. This is important to me because knowledge and education are important aspects to the advancement of society. The more ideas society is exposed to, the easier it becomes to solve problems facing the world. The questions that are raised are thus: are trigger warnings useful, who defines a trigger, have trigger warning been abused and do trigger warnings lead to censorship? The History Trigger warnings were initially created in internet blog forums, most popular being feminist blogs regarding sexual abuse cases. In this early form, the trigger warnings were doing what they were intended: preparing most of the audience of the blogs of possibly sensitive content. “Initially, trigger warnings were used in self-help and feminist forums to help readers who might have post traumatic stress disorder to avoid graphic content that might cause painful memories, flashbacks, or panic attacks.
    [Show full text]
  • Hamilton, Microaggressions As Violence on the Basis of Race, Gender, Sexuality, Or Physical Ability
    Microaggressions as Violence Brian Hamilton Florida Southern College Abstract The most common critique levelled against the concept of microaggressions is that it involves a dangerous exaggeration, treating simple mistakes or miscommunications as acts of violence. I argue in this essay that microaggressions should be defined as patterns of interaction that perpetuate a certain kind of structural violence (namely, oppression), and as such are rightly considered a form of violence in themselves. I suggest, too, that microaggressions are a form of violence for which we stand responsible, despite the fact that they are often committed unintentionally. I first offer a brief history of the concept of microaggressions and a response to two of its most famous critics, then I work to redefine microaggressions within the context of a theory of structural violence and a theology of structural sin. n the fall of 2015, some students at the University of California Los Angeles decided to throw a “Kanye Western” theme party. You can imagine what happened. A large group of mostly white teenagers padded the back of their pants, parodied characters from West’s music videos, assembled their own Iexaggerated versions of West’s fashion line, and predictably, donned blackface. The campus erupted. The case was reported in the Los Angeles Times and the Huffington Post. Students occupied the Chancellor’s office and demanded redress. The sponsoring fraternity was temporarily suspended, and some suggested that the university become much more active in policing student parties on campus. National magazines published melodramatic think pieces about the death of free speech. The premise of the student protests was that the white students’ parody of black culture was harmful to the black students on campus.
    [Show full text]
  • Culture Wars on Campus: Academic Freedom, the First Amendment, and Partisan Outrage in Polarized Times
    SHEPARD-CULVER (DO NOT DELETE) 7/26/2018 4:07 PM Culture Wars on Campus: Academic Freedom, the First Amendment, and Partisan Outrage in Polarized Times JASON M. SHEPARD* KATHLEEN B. CULVER** TABLE OF CONTENTS I. INTRODUCTION ..........................................................................................88 II. CLASSROOMS GOING VIRAL: A NEW PHENOMENON...................................92 A. OCC Case: From the Classroom to National News.........................92 B. New Technologies and Unintended Consequences ..........................96 C. The Conservative Media’s “Outrage Machine”............................100 III. ACADEMIC FREEDOM LAW.......................................................................106 A. OCC Case: Legal Issues Presented ...............................................106 B. Campus Polarization Over Free Expression: The National Context...........................................................................................110 C. Historical and Theoretical Foundations of Academic Freedom.........................................................................................119 D. Current Legal Doctrines of Academic Freedom ............................123 E. Faculty and Student Rights: Recent Cases.....................................134 F. Recent Legislative Proposals.........................................................139 * © 2018 Jason M. Shepard. Ph.D., Associate Professor and Chair, Department of Communications, California State University, Fullerton. ** © 2018 Kathleen B. Culver. Ph.D., Assistant
    [Show full text]
  • And Campus for All: Diversity, Inclusion, and Freedom of Speech at U.S. Universities
    AND CAMPUS FOR ALL Diversity, Inclusion, and Freedom of Speech at U.S. Universities 1 AND CAMPUS FOR ALL Diversity, Inclusion, and Freedom of Speech at U.S. Universities October 17, 2016 © 2016 PEN America. All rights reserved. PEN America stands at the intersection of literature and human rights to protect open expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Founded in 1922, PEN America is the largest of more than 100 centers of PEN International. Our strength is in our membership—a nationwide community of more than 4,000 novelists, journalists, poets, essayists, playwrights, editors, publishers, translators, agents, and other writing professionals. For more information, visit pen.org. Cover photograph: Chris Meiamed CONTENTS INTRODUCTION 4 Free Speech Controversies on Campus SUMMARY 8 PEN America Principles on Campus Free Speech LEGAL FRAMEWORK 10 Free Speech at U.S. Universities A CHANGING 12 AMERICA A Changing Campus THE NEW 18 LANGUAGE OF HARM Microaggressions, Trigger Warnings, Safe Spaces ENFORCING TITLE 26 IX Sexual Harassment and Free Speech SPEECH IN 32 A STRAITJACKET Concerns for Expression on Campus MORE SPEECH, 36 BETTER SPEECH Pushing Campus Expression Forward OUTSIDE INFLUENCES 42 The New Pressures of Social Media and Evolving Educational Economics CASE STUDY 46 YALE Chilling Free Speech or Meeting Speech
    [Show full text]
  • FIRE's Guide to First-Year Orientation and Thought Reform on Campus
    FIRE’s GUIDE TO FIRST-YEAR ORIENTATION AND THOUGHT REFORM ON CAMPUS i FIRE’s GUIDES TO STUDENT RIGHTS ON CAMPUS www.thefireguides.org FIRE’s Guide to Religious Liberty on Campus FIRE’s Guide to Student Fees, Funding, and Legal Equality on Campus FIRE’s Guide to Due Process and Fair Procedure on Campus FIRE’s Guide to Free Speech on Campus FIRE’s Guide to First-Year Orientation and Thought Reform on Campus FIRE David French President BOARD OF DIRECTORS Alan Charles Kors Harvey A. Silverglate Cofounder and Chairman Cofounder and Vice Chairman William J. Hume Joseph M. Maline Michael Meyers Marlene Mieske Daphne Patai Virginia Postrel Ed Snider James E. Wiggins Kenny J. Williams (d. 2003) BOARD OF EDITORS Vivian Berger Edwin Meese III T. Kenneth Cribb, Jr. Roger Pilon Alan Dershowitz Jamin Raskin Paul McMasters Nadine Strossen FIRE’s GUIDE TO FIRST-YEAR ORIENTATION AND THOUGHT REFORM ON CAMPUS Harvey A. Silverglate Jordan Lorence FOUNDATION FOR INDIVIDUAL RIGHTS IN EDUCATION Philadelphia Copyright © 2005 by the Foundation for Individual Rights in Education All rights reserved. No part of this publication may be reproduced or trans- mitted in any form or by any means, electronic or mechanical, including photocopy, or any information storage and retrieval system now known or to be invented, without permission in writing from the publisher, except by a reviewer who wishes to quote brief passages in connection with a review written for inclusion in a magazine, newspaper, or broadcast. FIRE invites and welcomes requests for reproduction and retransmission of this publication. Contact: [email protected] Library of Congress Cataloging-in-Publication Data Silverglate, Harvey A., 1942- FIRE’s guide to first-year orientation and thought reform on campus / Harvey A.
    [Show full text]
  • FIRE's Guide to Free Speech on Campus / Harvey A
    FIRE’s GUIDE TO FREE SPEECH ON CAMPUS FIRE’s GUIDES TO STUDENT RIGHTS ON CAMPUS www.thefireguides.org FIRE’s Guide to Religious Liberty on Campus FIRE’s Guide to Student Fees, Funding, and Legal Equality on Campus FIRE’s Guide to Due Process and Fair Procedure on Campus FIRE’s Guide to Free Speech on Campus FIRE’s Guide to First-Year Orientation and to Thought Reform on Campus FIRE David French President BOARD OF DIRECTORS Alan Charles Kors Harvey A. Silverglate Cofounder and Chairman Cofounder and Vice Chairman William J. Hume Joseph M. Maline Michael Meyers Marlene Mieske Daphne Patai Virginia Postrel Ed Snider James E. Wiggins Kenny J. Williams (d. 2003) BOARD OF EDITORS Vivian Berger Edwin Meese III T. Kenneth Cribb, Jr. Roger Pilon Alan Dershowitz Jamin Raskin Paul McMasters Nadine Strossen FIRE’s GUIDE TO FREE SPEECH ON CAMPUS Harvey A. Silverglate David French Greg Lukianoff FOUNDATION FOR INDIVIDUAL RIGHTS IN EDUCATION Philadelphia Copyright © 2005 by the Foundation for Individual Rights in Education All rights reserved. No part of this publication may be reproduced or trans- mitted in any form or by any means, electronic or mechanical, including photocopy, or any information storage and retrieval system now known or to be invented, without permission in writing from the publisher, except by a reviewer who wishes to quote brief passages in connection with a review written for inclusion in a magazine, newspaper, or broadcast. FIRE invites and welcomes requests for reproduction and retransmission of this publication. Contact: [email protected] Library of Congress Cataloging-in-Publication Data Silverglate, Harvey A., 1942- FIRE's guide to free speech on campus / Harvey A.
    [Show full text]
  • 2008 Annual Report 2008 Annual Report 2 CAMPUS FREEDOM NETWORK
    Greg Lukianoff PRESIDENT Robert L. Shibley VICE PRESIDENT William Creeley DIRECTOR OF LEGAL AND PUBLIC ADVOCACY Alan Charles Kors CO-FOUNDER AND CHAIRMAN EMERITUS BOARD OF DIRECTORS Harvey A. Silverglate CO-FOUNDER AND CHAIRMAN Barbara Bishop James E. Ferguson II William J. Hume Richard Losick Joseph M. Maline Marlene Mieske Daphne Patai Virginia Postrel Daniel Shuchman James E. Wiggins BOARD OF ADVISORS Lloyd Buchanan T. Kenneth Cribb, Jr. Candace de Russy William A. Dunn Benjamin F. Hammond Nat Hentoff Roy Innis Wendy Kaminer Woody Kaplan Leonard Liggio Herbert London Peter L. Malkin Muriel Morisey Steven Pinker Milton Rosenberg John R. Searle Christina Hoff Sommers 601 W ALNUT STREET 250 W EST 57 TH STREET SUITE 510 SUITE 1830 PHILADELPHIA , P ENNSYLVANIA 19106 NEW YORK , N EW YORK 10107 P: 215.717.3473 F: 215.717.3440 P: 212.582.3191 F: 212.582.3195 A MESSAGE FROM THE PRESIDENT 2008 was a year of profound accomplishments for FIRE. While some colleges contin - CONTENTS ued to show an appalling disregard for the fundamental rights of students and faculty members, FIRE was able to secure groundbreaking victories for civil liberties on col - lege campuses and in courts of law. Equally important, FIRE dramatically expanded 2 Message from its educational programs to ensure that campus community members know their the President rights and how to protect them. Among our most significant victories of 2008 was the reversal of the racial harass - 3 Individual Rights ment finding against a student-employee for reading a book at Indiana University– Education Program Purdue University Indianapolis. In this case, someone literally judged a book by its cover and complained to school administrators that the photo of Klansmen on the 4 Campus Freedom Network cover offended her.
    [Show full text]
  • Anti-Harassment Policy V. Freedom of Speech, 25 J
    Journal of Law and Policy Volume 25 | Issue 1 Article 14 12-2-2016 A Balancing Act for American Universities: Anti- Harassment Policy v. Freedom of Speech Bridget Hart Follow this and additional works at: https://brooklynworks.brooklaw.edu/jlp Part of the Constitutional Law Commons, First Amendment Commons, Jurisprudence Commons, Law and Politics Commons, Legal History Commons, Legislation Commons, and the Other Law Commons Recommended Citation Bridget Hart, A Balancing Act for American Universities: Anti-Harassment Policy v. Freedom of Speech, 25 J. L. & Pol'y (2016). Available at: https://brooklynworks.brooklaw.edu/jlp/vol25/iss1/14 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Journal of Law and Policy by an authorized editor of BrooklynWorks. A BALANCING ACT FOR AMERICAN UNIVERSITIES: ANTIHARASSMENT POLICY V. FREEDOM OF SPEECH Bridget Hart* Legal scholars, educational administrators, journalists, and students have all witnessed a rise in students being disciplined by university officials for speech and conduct deemed inappropriate for college campuses. In endeavoring to explain this trend, some academics point to the disconnect between the Department of Education and university administrators regarding the legal standards for campus antiharassment policies. The lack of clarity regarding what constitutes harassment on college campuses has resulted in the punishment of students by universities for speech and conduct that is normally considered to be protected speech under the First Amendment. This Note first provides an overview of the First Amendment and its application to students. It then examines why colleges and universities are perplexed about the standards that should guide their antiharassment policies.
    [Show full text]
  • Free Speech and Civil Discourse
    CENTER FOR THE STUDY OF AMERICAN DEMOCRACY 2017 CONFERENCE SEPTEMBER 27–28 CONFERENCE PROGRAM FREE SPEECH CIVIL DISCOURSE CENTER FOR THE STUDY OF AMERICAN DEMOCRACY 2017 CONFERENCE The 2017 biennial conference of the Center for the Study of American Democracy is focused on the issues relating to free speech and civil discourse. THE RIGHT TO FREE AND CANDID SPEECH represents a critical element of liberal education and democratic self-government. Yet American political discourse and academia are often characterized by incivility, disrespect, intolerance, even hate. As the conference title suggests, the imperatives of free society and polite society are some- times in considerable tension. These tensions in turn contribute to competing results: an impetus for restrictions on speech, a culture of political correctness, or desire for a safe space in which to express one’s opinions. Political freedom requires that individuals be able to speak openly about controversial subjects, differences of opinion, and the quality of government and those standing for public office. At the same time, sustaining free government may presuppose certain quali- ties in its people, including the capacity for political discourse characterized by deliberation and civility. Liberal education in turn rests upon an ability to engage in discourse with some respect for unpopular or different perspectives. Both education and democracy may produce discom- fort and impoliteness. The process of recognizing the limits of one’s own knowledge or of one’s political opinions may not be a pleasant experience. How to balance and address these tensions is one of many questions to be addressed in this wide-ranging two day conference held here in Gambier, Ohio.
    [Show full text]